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Wi-Fi Patent Victory Earns CSIRO $200 Million

bennyboy64 writes "iTnews reports the patent battle between Australia's CSIRO and 14 of the world's largest technology companies has gained the research organization $200 million from out of court settlements. CSIRO executive director of commercial, Nigel Poole, said the CSIRO were wanting to license their technology further, stating that he 'urged' companies using it to come forward and seek a license. 'We believe that there are many more companies that are using CSIRO's technology and it's our desire to license the technology further,' Poole said.'We would urge companies that are currently selling devices that have 802.11 a,g or n to contact CSIRO and to seek a license because we believe they are using our technology.'"

56 of 267 comments (clear)

  1. Only fair by Anonymous Coward · · Score: 4, Informative

    Pat on the back for CSIRO. One of the ways government-owned research organizations can expect to survive is by monetizing inventions - when companies like Lucent, Buffalo, Linksys, Apple etc. all make a killing off this stuff and didn't invest in its development it is only fair they are forced to pay up.

    1. Re:Only fair by dark_requiem · · Score: 4, Informative

      If it's a government-owned research organization, what right do they have patenting it? Government-owned implies tax-funded, which means that the costs have already been shifted to the general public. How is it legitimate to force people to pay for research and then deny them access to the results? And to preempt those who will bring this up, yes, you can argue that corporations aren't "people", but they are groups of people. Besides which, if a single individual wanted to hack together some wifi cards and sell them to a few people, they would still technically be infringing on the patent, and thus be as liable as a corporate entity.

    2. Re:Only fair by Barny · · Score: 4, Insightful

      Ok then, this should be fun :)

      So lets put a tax, oh about $2 should do, on any N class wireless device sold outside of Australia, the results would be more favorable to the CSIRO (an Australian tax-payer funded research group) I think.

      --
      ...
      /me sighs
    3. Re:Only fair by Znarl · · Score: 4, Insightful

      The Australian Commonwealth Scientific and Research Organization (CSIRO) is funded by the Australian tax paying citizens.

      It is legitimate for Australians to be rewarded for research they paid for by in the form of licensing fees from the rest of the world.

    4. Re:Only fair by tpgp · · Score: 4, Insightful

      Government-owned implies tax-funded, which means that the costs have already been shifted to the general public. How is it legitimate to force people to pay for research and then deny them access to the results?

      You missed a few pertinent words in your question Let me add them for you - they make the answer obvious.

      How is it legitimate to force Australian people to pay for research and then deny American & European Corporations access to the results?

      --
      My pics.
    5. Re:Only fair by HiThere · · Score: 2, Informative

      I believe it's Australian. Why should anyone who isn't Australian have the right to use that patent without paying the license?

      (I pretty much agree with your basic argument, but not with the details. If the Australian's paid for it with taxes, then there's a good argument that they should be able to use it without paying patent license fees. This argument, however, doesn't work for someone living in, e.g., the US though.)

      A different argument would assert that this entire class of things shouldn't be patentable. I'd be hospitable to that kind of an argument, but "the devil is in the details". I *don't* think the same work should be covered by any two of patent, copyright, DRM. Saying that no patents should be valid, however, is a bit further than I'm willing to go without further evidence. (I *would* go so far as to say, for the US, all patent laws should be thrown out, all extant patents should be invalidated, and the patent system should be recreated from scratch, with no monopoly granted by the patent. Some other mechanism is needed to reward inventors. A royalty seems reasonable, but I can't figure out how to justly set the worth of an invention for such a royalty.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:Only fair by atmurray · · Score: 2, Insightful

      You make the fatal mistake that unless your Australian, you probably didn't fund the initial research. So to put your question back on you, if your tax dollars weren't spent developing it, what right do you have to use the technology for free?

    7. Re:Only fair by Eskarel · · Score: 2, Insightful

      Well, as an Australian taxpayer. It isn't really about the taxes I paid, it's about the taxes that the companies being sued didn't pay.

      If an Australian company(or even a foreign company with a certain amount of presence here) wants license the technology they should get it for free. They are, after all, paying Australian taxes, and creating Australian jobs, all of which is good for Australia.

      Companies who don't have a certain amount of presence here, aren't paying taxes here, or creating jobs here, can pay for the license. This provides the dual advantage of giving more funding to the CSIRO(which is good), and providing an advantage to companies who provide an advantage to Australians.

      It'd be neat if Australians could get the kit $2 cheaper, but I'm happy to pay the extra $2 and give a leg up to folks who want to create jobs here.

    8. Re:Only fair by tg123 · · Score: 2, Informative

      ....................

      Right; It's totally unfair. After so many things were invented by Australians which everyone else benefits from. The motor car; the transistor; the windmill; money; even the wheel. It's time the Australian tax payer got their fair pay back for being the main driver of invention in the world.

      I know your being sarcastic but ...

      PAYUP as an australian tax payer I would like to
      get my money back for

      "Black Box" flight recorder
      Aircraft Navigation (DME)
      Penicillin (production in commercial amounts)
      Cochlear implant
      Contact lenses (long wearing)
      Anthrax Vaccine
      Heart Pacemaker
      Relenza (flu medication) .......
      http://en.wikipedia.org/wiki/Distance_measuring_equipment

      http://www.questacon.edu.au/indepth/clever/100_years_of_innovations.html

    9. Re:Only fair by MrMr · · Score: 3, Interesting

      Interesting viewpoint. How much does Oz contribute to DARPA for the use of internet?
      Or to England for Penicillin?
      Or for any of the thousands of inventions funded by non-Australian citizens?
      But that would actually cost money, so that cannot possibly be fair.

    10. Re:Only fair by Starayo · · Score: 2, Interesting
      HAHA, oh man, that's fantastic.

      1995 - Jindalee Radar System - The United States of America spent $11 billion developing stealth aircraft that could not be detected by radar. Scientists at the CSIRO concluded that if the plane could not be detected, perhaps the turbulence it makes passing through air could be. $1.5 million later, the Jindalee Radar system had transformed the stealth bomber into nothing more than an unusual looking aircraft.

      --
      Ezekiel 23:20
    11. Re:Only fair by technobok · · Score: 5, Informative

      Regardless of the validity of your point, penicillin probably isn't a good example.
      http://en.wikipedia.org/wiki/Howard_Walter_Florey

    12. Re:Only fair by skirmish666 · · Score: 2, Insightful
      You're not suggesting that:
      • The internet is an invention
      • Penicillin is under patent & wasn't developed for medical application by a German & an Australian as well as an English man
      • Non-Australian inventions aren't sold for profit (often paid in part to the patent-holder of said invention)

      Are you?

      --
      Sigger than your average
    13. Re:Only fair by sambo1 · · Score: 2, Insightful

      Um Australia had a lot to do with penicillin's use in fact. http://www.powerhousemuseum.com/australia_innovates/?behaviour=view_article&Section_id=1030&article_id=10033 Try again please. Yes I'm Australian - helping you lot defend the world pretty well unnoticed. Even from yourselves.

      --
      For those that beleive in Telekenesis, please raise my hand.
    14. Re:Only fair by sFurbo · · Score: 2, Interesting

      I came across a proposed way of doing just that some years ago: http://www.slate.com/id/68674/
      Basically, every time a patent is granted, an auction is performed over the patent*. Now, 9 times out of ten, the government pays the one who applied for the patent the winning bid*, and the patent is released into public domain. 1 time out of ten, the highest bidder pays, and gets the monopoly. So, the one who applied to the patent gets what the market thinks it is worth. He can bid in the auction himself, and have a chance of getting the monopoly. Plus, capital investment is not necessary to get paid for having a good idea.

      * To make sure the one who applied for the patent doesn't bid the auction up, it is made as a third-bid-auction, i.e. the one who bid the highest wins, but pays the third-highest bid. That way, you need 3 entities in cahoot to throw the auction (but the details is in the article I linked to). Oh, and the third bid is of course lower then the first, but that lower price is offset by the bidders bidding a bit higher than they would have in a first-bid or second-bid auction.

    15. Re:Only fair by cheekyboy · · Score: 2, Insightful

      And how much does USA sell its pharma medicines to the rest of the world? Billions in profits there dude.

      How about sony charging 40% more in australia than usa.

      Its about time USA paid, its not the magic genie that can only invent things you know.

      --
      Liberty freedom are no1, not dicks in suits.
    16. Re:Only fair by ufoolme · · Score: 2, Interesting

      It developed a very nice wifi solution, in something like 6months and they did it as pure research. Do you need more legitimacy ?
      The money they've (imho) rightly got will go back into pure research. To develop idea and theories now, that will be hopefully as useful as wifi. You don't want useful things?
      As an Australian citizen don't you think I want my research organisation to be given its due?
      Everyone had access to there results as they published it, I can only find an 18page patent "Wireless LAN John D. O'Sullivan et al". I'd hazard a guess there has been a dozen more journal articles as well, just like any other important research - that was publicly funded.

  2. CSIRO now in budget surplus by bennyboy64 · · Score: 5, Informative

    It was also the first time the research organization had seen a surplus in its financial reporting http://www.theaustralian.news.com.au/story/0,25197,26209952-12377,00.html

  3. Re:Are you fucking serious. by Bilestoad · · Score: 5, Insightful

    Idiocy. CSIRO is nothing like a patent troll. CSIRO developed the technology...

  4. Re:Patent trolls by scjohnno · · Score: 5, Insightful

    Can someone please justify why we should consider the CSIRO to be a patent troll? They are an actual research organisation (a taxpayer-funded one at that); they don't exist just to file patents and make claims on them. Why are people dismissing them as trolls?

  5. Re:Are you fucking serious. by Cryacin · · Score: 5, Insightful

    Yup. Isn't this *EXACTLY* why patents *REALLY* should exist? Hi - we've developed and tested a new technology, here it is, and here is how to use it. Please pay us money for the privilige.

    Good on them, and hopefully we'll see some more great work from them in the future.

    --
    Science advances one funeral at a time- Max Planck
  6. Re:Patent trolls by nickd · · Score: 5, Informative

    Except that they aren't patent trolls - they are the Australian Government's science organisation - Commonwealth Scientific and Industrial Research Organisation (CSIRO), they have been in this battle for quite a while.

    Read up on the WLAN stuff here http://www.csiro.gov.au/science/wireless-LANs.html

    Then get back to us when you think that inventing wireless networking technology is easy and doesn't warrant the possibility of being patented.

  7. Speaking of trolls by Jeremy+Visser · · Score: 2, Informative

    Isn't this an indication that the system is severely flawed when someone pops up very late to the table and claims that they own it?

    [...] Softwares and methods are too easy to re-invent all over again, and who can tell if a certain solution has been available before and then silently put to the grave for one reason or another?

    Speaking of trolls, you are one yourself. Before you mod me into oblivion, hear me out.

    In your post, you seem to claim that (1) CSIRO is a patent troll; and that (2) the patent is a software patent, thus is unethical. Both claims are patently false. (ha ha)

    For starters, to address claim (1), CSIRO is not a patent troll. What is a patent troll? A patent troll is an organisation that exists only to accumulate patents (and make a profit off royalties). CSIRO is not a patent troll! They are an Australian Government-funded organisation that does real research. They actually researched and patented the technology back in the early '90s. (Source)

    To address claim (2), the patent in question is not a software patent! Thus the entire basis for your argument...

    Softwares and methods are too easy to re-invent all over again, and who can tell if a certain solution has been available before and then silently put to the grave for one reason or another?

    ...is completely baseless. The patent in question covers the duplication and redundancy of radio waves, so it is obviously not a software patent. Basically the patent covers the way modern WiFi works, in that instead of serial (just one radio wave with error correction), parallel and redundant streams are sent, which allows you to have much greater bandwidth without losing the reliability. (And yes, that source again)

    1. Re:Speaking of trolls by ajs · · Score: 2, Insightful

      CSIRO is not a patent troll. What is a patent troll? A patent troll is an organisation that exists only to accumulate patents (and make a profit off royalties).

      I've tried to make this point, here in the past as well. The responses that I got indicted that there are many Slashdot readers who think "patent troll" is what you call someone who tried to defend a patent in court, irrespective of a) their involvement in the actual invention or b) the defensibility of said patent.

      As far as I can tell, this is just backlash from folks who don't understand the patent system as it's intended to protect actual inventors of non-obvious technology, and see actual patent trolls manipulating the system for outrageous gain. I can understand the frustration, there, but it's clearly not a rational approach.

    2. Re:Speaking of trolls by MichaelSmith · · Score: 4, Interesting

      The nicest example I have heard of patents working the right way is the Rolling Loop IMAX Projector. The IMAX developers actually went to Ron Jones's home in Western Australia, looked at his prototype projector and pretty much bought his patent on the spot.

  8. Re:Desire to license by Chuq · · Score: 2, Funny

    but because the name is too close to CISRO that it would confuse a jury
     
    ... looks like a jury wouldn't be the only one confused.

    --
    - Chuq
  9. Re:Desire to license by Chuck+Chunder · · Score: 4, Informative

    Noticeably absent from the list of defendents-to-be: Cisco. Not because they aren't infringing on any patents,

    Cisco aren't on the list because they already have a licence for the tech for which they pay royalties.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  10. Re:Patent trolls by Canberra+Bob · · Score: 3, Insightful

    Can someone please justify why we should consider the CSIRO to be a patent troll? They are an actual research organisation (a taxpayer-funded one at that); they don't exist just to file patents and make claims on them. Why are people dismissing them as trolls?

    Because it's slashdot. You would be lucky for the majority of posters to read the the summary let alone any background info. Congratulations to the CSIRO for their success on this - in spite of having their funding savaged. Though the technology was patented in 96 so the r+d was possibly done before it became a target of budget cuts.

  11. Re:Are you fucking serious. by enoz · · Score: 2, Insightful

    From TFA:

    HP, Apple, Intel, Dell, Microsoft and Netgear bringing cases against CSIRO in an attempt to have the research organisation's patent invalidated.

    Does anyone else think these companies are the real trolls?

  12. wifi allergies by hydromike2 · · Score: 2, Funny

    ah, so I should be sending CSIRO the medical bills for my wifi allergy shots!

    1. Re:wifi allergies by biovoid · · Score: 3, Funny

      If you have an allergy to your wifi, you shouldn't have married her.

  13. in spite of having their funding savaged? by Chuck+Chunder · · Score: 4, Informative

    n spite of having their funding savaged

    Er, according to this article:

    With government funding boosted for the fifth year in a row to $668.1 million,

    What "savaging" are you talking about?

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  14. Re:Are you fucking serious. by Cassius+Corodes · · Score: 2, Insightful

    So how do research organisations exist, if not by licensing their research outcomes?

    --
    Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
  15. Re:Are you fucking serious. by jipn4 · · Score: 2, Interesting

    They are nothing alike. PARC is a private, corporate research lab. CSIRO is a public, government funded organization.

  16. can you explain? by jipn4 · · Score: 4, Interesting

    I'm not so sure. It's not my area, but this patent sounds like it might be an engineering solution, a simple application of known techniques, instead of an invention. The fact that a standards body decided to use this technology (either not knowing about the patent or deliberately ignoring it) also suggests that this is not actually a new technology.

    Can you explain what you think is novel and unobvious about this technology?

    1. Re:can you explain? by Gerzel · · Score: 2, Insightful

      To be honest, nothing really. Many patented technologies had multiple "inventors" working on very similar lines towards basically the same goal. Sometimes hours is the difference between one person getting the patent and another not.

      The patent, similar to copyright, ideally is a trade-off for society. Society gives up the right to use readily available knowledge to the developer of a particular set of knowledge and in return hoping to give incentive for greater knowledge to be developed. In other terms patents, and copyright and other IP laws generally allow for inventors/artists/creators to profit from their creations and thus hopefully use those profits in order to make more creations.

      However, recently the cost to society for keeping IP in private hands has been overlooked. The benefit of IP laws in general is real, but they must have moderation.

    2. Re:can you explain? by bh_doc · · Score: 2, Informative

      http://www.abc.net.au/catalyst/stories/2708730.htm

      If you're lucky, this might work in your region.

    3. Re:can you explain? by SlashWombat · · Score: 3, Interesting

      At the time of its invention, it was not a simple application of known techniques. Now many digital transmission schemes use similar techniques. So yes, they deserve some credit for the invention. (The reason it wasn't mainstream before this is due to them using a CSIRO FFT hardware chip, something that wasn't really around until chip manufacturers/designers achieved the miniaturization necessary for its implementation. The FFT wasn't even described as a mathematical process until early 1960.

    4. Re:can you explain? by Teancum · · Score: 3, Informative

      I can name two "traditional" inventions in the 19th Century (just off the top of my head) that had nearly identical patent applications that arrived within a day or two to the USPTO:

      • Aluminum Refining - This is the current electro-synthesis process that cheaply extracts this metal from raw ores. This one was literally the difference of a single hour in terms of getting to the patent office.
      • Telephone - Alexander Graham Bell dodged a bullet on this one. He is even a classical "textbook" inventor often described in glowing light about how patents are so useful to society and why they are necessary.

      Yeah, I'd say that simultaneous patent applications are a serious problem, and patent law doesn't really deal with research efforts where obvious areas of research are looked at by multiple individuals.

      At least in terms of copyright, if two authors come up with similar topics and submit the books to the library of congress at nearly the same time, all that happens is that the books get classified with the same catalog number (mostly) putting them on the shelf next to each other. The copyright is completely in force for both books (presuming one author didn't plagiarize the other in a blatant manner).

    5. Re:can you explain? by FireFury03 · · Score: 2, Interesting

      Yeah, I'd say that simultaneous patent applications are a serious problem, and patent law doesn't really deal with research efforts where obvious areas of research are looked at by multiple individuals.

      It isn't really "simultaneous patents" which are the problem - you shouldn't *have* to patent your invention to avoid getting sued by someone who invented and patented theirs at the same time.

      In fact, it isn't even "simultaneous" inventions which are the problem - it's simply the fact that you shouldn't be expected to pay another inventor just because you happen to come up with the same thing independently. If you invent something and then 10 years later I invent the same thing with no knowledge of your invention then I shouldn't be expected to pay you, since the existence of your invention hasn't helped me in any way, and I would still have come up with it even without your work.

      For popular "whole products", such as the telephone, the vacuum cleaner, etc. it might be unlikely that someone wouldn't have knowledge of the existing invention, but patents are frequently taken out for innovative designs of minor components within a product, for which there should be no expectation of people knowing about them. Not to mention all the really trivial stuff that gets patented. It has got to the point where, for many patents, developing something is actually less time consuming than searching for a suitable patent to see if someone already developed it (with no guarantee that you'll find anything, so may have to expend the time developing it anyway). And many legal departments will tell people that they must not actively search for existing patents since that can land you in deeper hot water than if you just went ahead and unknowingly infringed a patent.

    6. Re:can you explain? by Hognoxious · · Score: 2, Interesting

      If you invent something and then 10 years later I invent the same thing with no knowledge of your invention then I shouldn't be expected to pay you

      Since it's impossible to:
        a) travel back in time,
        b) read minds,
        c) prove a negative,

      such a system would be completely unworkable.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    7. Re:can you explain? by nahdude812 · · Score: 2, Interesting

      Of course, proving independent invention is next to impossible

      I'm guessing this is a big part of why they don't honor independent simultaneous invention. It means that if you had a mole in a competitor's development space, they could secretly feed you enough data that you can reproduce the invention cycle on your own with only a slight delay.

      Disregarding the inability to authenticate independent invention; if two inventors did have a patent on the same invention, then licensing becomes a bidding war for which inventor will offer a lower licensing cost. One of the main purposes of a patent is to allow an inventor to recover the cost of research & development; now these inventors would instead be in a position where they were trying to minimize loss.

    8. Re:can you explain? by Migraineman · · Score: 3, Informative

      It's unworkable, agreed. However, I find it unfortunate that we as a society don't value more than a single path to a solution. If I create a Cardboard Transmorgrifier, only to find out that some guy named Calvin beat me to the USPTO by a few hours, our society declares my efforts to be worthless (or worse, infringing where no infringement occurs.)

      Given the current copyright and patent shenanigans that are in-play, I'd rather take my chances with no such system in place. How am I supposed to benefit from an inventor's time-limited monopoly if it doesn't expire until after my death? I am supposed to benefit from this deal, right?

    9. Re:can you explain? by FireFury03 · · Score: 2, Informative

      Garbage. If someoene can't be bothered to check whether something already exists before inventing it, then he's a fool.

      1. Most lawyers will tell you absolutely not to do a patent check because there can be serious legal repercussions to doing so.
      2. How do you propose finding out whether something has already been patented? There are a *lot* of patent applications, sifting through them to discover whether or not your invention (or a component thereof) has already been patented would be prohibitively costly for all but the largest of organisations.
      3. At where do you draw the line? Are you going to go through the time and expense of (2) for every little trivial idea you come up with? There are a huge number of patents for stuff so trivial and obvious that most reasonable people wouldn't expect to be patentable.
      4. Assuming that you actually mean "exists" rather than "is patented", how do you propose determining absolutely whether something unpatented exists? This is orders of magnitude more costly and less reliable than the already infeasible task of searching patent applications.

    10. Re:can you explain? by FireFury03 · · Score: 2, Interesting

      I'm guessing this is a big part of why they don't honor independent simultaneous invention. It means that if you had a mole in a competitor's development space, they could secretly feed you enough data that you can reproduce the invention cycle on your own with only a slight delay.

      It works both ways - the mole could provide enough information for the competitor to actually get ahead and file a patent before the company that did most of the work. There are plenty of cases where this has happened.

      Disregarding the inability to authenticate independent invention; if two inventors did have a patent on the same invention, then licensing becomes a bidding war for which inventor will offer a lower licensing cost. One of the main purposes of a patent is to allow an inventor to recover the cost of research & development; now these inventors would instead be in a position where they were trying to minimize loss.

      With the existing "single inventor" model, one of the inventors basically gets to charge whatever they like (even to the point of making it prohibitively expensive to licence, so that they can keep the invention for just their own products, keeping competition out of the end-user market as well), whilst the other inventor makes *nothing*, or worse - the other inventor gets sued.

      I think the "multiple inventors" model would work better, whereby you take a risk and if it doesn't pay off everyone gets to minimise their losses, as opposed to the "single inventor" model whereby you take a risk and if it doesn't pay off you're utterly screwed.

    11. Re:can you explain? by Migraineman · · Score: 2, Insightful

      No, no, no ... I'm not talking about the cost benefit of using someone's patented technology. I'm talking about the fundamental contract (and it *is* a contract) between patent/copyright recipients and we-the-people. In exchange for the time-limited monopoly, the subject matter shall fall into the public domain at the end of the monopoly term. How do we-the-people benefit from patents and copyrights that don't expire in a useful amount of time (i.e. my lifetime)?

    12. Re:can you explain? by FireFury03 · · Score: 2, Informative

      First of all: people? So all of a sudden everybody is an inventor?

      Not everyone, but a high proportion of the professional population are.

      inventor is an occupation

      Not really. Pretty much anyone working in a creative technical field will be "inventing" on pretty much a daily basis. Many (but not all) of these "inventions" are fairly trivial, but still patentable. We're talking about things like electronic circuits, microcontroller designs, etc. I.e. the stuff that "normal people" in the technical fields do *all the time*. Software developers are also coming up with new ideas pretty much all the time - if they aren't then they're a pretty crap software developer, and with the advent of software patents many of these "inventions" are patentable too.

      So given this, to suggest that someone must perform a patent search (which will take weeks and almost certainly won't have 100% coverage) every time they come up with a new invention (every few days) is insane.

      let's not forget that if you're inventing a kitchen appliance, you only need to research about existing kitchen appliances, you can skip anything else

      Untrue. If you're inventing a kitchen appliance, you need to research other kitchen appliances, then you need to research all the technologies that go into your kitchen appliance. This could include patents on electronics, patents on various mechanical designs used within the appliance, etc. You may not consider the tiny low-level implementation details to be especially novel but that doesn't mean that someone else didn't, and if they did you open yourself up to getting sued.

  17. Everybody? by Chuck+Chunder · · Score: 2, Informative

    This details precisely what CSIRO is supposed to do. Note that 8a refers to Australia rather a lot.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  18. Re:Are you fucking serious. by amorsen · · Score: 2, Insightful

    From my cursory reading, it appears that the technology was independently rediscovered. As far as I know, this isn't a defence in patent cases (except if you discovered it first but didn't publish), but IMHO that should be changed. If you actually gain from using a patent it makes at least some sense that you should pay, but if you independently develop something without knowing about the previous patent, you're just being punished for not being lucky.

    I can see plenty of problems with changing this, but I doubt it can make patent cases all that much more complicated.

    --
    Finally! A year of moderation! Ready for 2019?
  19. In other news by Jacques+Chester · · Score: 3, Funny

    The government announced that CSIRO's funding allocation for next year will be reduced by a one-off amount of $200 million.

    The savings will be used to fund a series of very large plaques in school gyms where, by pure coincidence, most polling booths are set up during federal elections.

    --

    Classical Liberalism: All your base are belong to you.

  20. Re:Are you fucking serious. by mabinogi · · Score: 5, Insightful

    I think Australians would be perfectly happy that an Australian government research organisation funded by their taxes was also making additional income licensing their technologies to overseas and multi-national companies.

    I know I am.

    --
    Advanced users are users too!
  21. The public yes ... of Australia by N+Monkey · · Score: 4, Insightful

    CSIRO exists because it's publicly funded. It's publicly funded because it's supposed to benefit the public and create research results usable by everybody.

    It's publicly funded, yes, but by the people of Australia,, not of the people of other nations. In that sense CSIRO are absolutely entitled to obtain license fees from international companies. I'd also argue that they are entitled to collect fees from Australian companies since that should then allow them to decrease their funding from Australian tax payers.

  22. Re Pencillin and patents.... by N+Monkey · · Score: 2, Insightful

    Interesting viewpoint. How much does Oz contribute to DARPA for the use of internet?
    Or to England for Penicillin?

    According to the wonderful BBC documentary, "Breaking the Mould",, Florey, the Australian heading the team, was completely against patenting the technology needed to produce it in sufficient quantities, even though one of his colleagues insisted he should.

    Because it was needed during the war, it was shown to a US pharmaceutical(?) company who did patent the process, which meant that the original inventors would have to pay for their own invention.

  23. Sorry, but I call BS by EmagGeek · · Score: 3, Insightful

    If the taxpayer funds the research, the taxpayer owns the results. Nobody should be able to patent something that came about because of taxpayer-funded research.

    Furthermore, patented technology shouldn't be allowed to make it into "standards." "Standards" should be open and unencumbered. It's fundamentally anti-competitive to standardize on encumbered technology.

  24. As an Australian scince student... by ReneeJade · · Score: 2, Interesting

    I'm not for letting patents mess around with science and technology, but they do have their place. A lot of members of Internet communities seem to damn patents and copyrighting because it is so harmful to software engineering. And yes, I DO think that copyrighting and closed-source development have no place in software engineering, because keeping that kind of work hushed up does not benefit the science. But as an Australian studying both physics and software engineering I feel that there is a big difference between propriety software that has everyone on the Internet outraged and the licensing of technology. I feel that the CSIRO are an organisation that Australia can be proud of and some of their research will benefit human kind long after any patents have expired. If I end up working for the CSIRO I would want my work to be licensed. Not for the money or because it would be my "right", but because it would help with the continuation of excellent scientific research in Australia and Earth as a whole. If, however, I end up working as a programmer, I would rather give my code away and go hungry than have it all hushed up for the sake of a money hungry corporation, because transparency in software is beneficial to the science. That is not to say that software shouldn't be licensable or sellable, just that it should be visible - as the CSIRO's technologies often are. So before you all start squabbling over who should pay an extra five bucks for a wiFi card, think about what you're buying for the future. Outrage over copyrighting that stunts progress is fair, outrage over investing a few dollars into the advancement of technology is petty.

  25. Re:Are you fucking serious. by SleazyRidr · · Score: 2, Funny

    I thought that WiFi technology was in use outside Australia. I had no idea we were so far ahead of the pack.